Thursday, December 30, 2021

Rogel Aguilera-Mederos: Major (Welcome) Development: Bulletin: Colorado Governor Jared Polis has reduced his 110-year sentence to 10 years (parole eligibility beginning in 2027) citing a punishment that was disproportionate to the crime..."I believe you deserve clemency for several reasons. You were sentenced to 110 years in prison, effectively more than a life sentence, for a tragic but unintentional act. While you are not blameless, your sentence is disproportionate compared with many other inmates in our criminal justice system who committed intentional, premeditated, or violent crimes."


PASSAGE OF THE DAY:  "During the trial, prosecutors argued that Aguilera-Mederos could have taken steps to prevent the deadly crash, including using a runaway truck ramp miles before the crash, and that he “made a bunch of bad decisions” instead. His defense attorneys claimed he did not know the truck’s brakes were smoking or that he would not be able to stop his truck, though others testified at the trial that they had seen them smoking. The sentence given to Aguilera-Mederos drew outrage from around the country and among truck drivers, with around five million people signing an online petition seeking clemency for him."

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STORY: "Gov. Polis reduces trucker's 110-year sentence to 10 years," by Reporter Robert Garrison, published by The Denver Channel, on December 30, 2021. (Robert Garrison is a Colorado native who grew up in Montrose and attended Colorado Mesa University in Grand Junction. He is an AP award-winning journalist who joined Denver7 in August 2016 after working for several other stations across Colorado and Oklahoma over the past decade.)

DENVER — Gov. Jared Polis on Thursday reduced the sentence of the semi-truck driver convicted of killing four people in the April 2019 explosive crash on Interstate 70.


Polis granted clemency to Rogel Aguilera-Mederos, reducing his sentence from 110 years to only 10 years.


The 26-year-old was given the 110-year sentence on Dec. 13. The judge who handed down the sentence was bound by the state's mandatory minimum sentencing rules.


Aguilera-Mederos was convicted on Oct. 15 on most of the 42 counts he faced, including four counts of vehicular homicide, first-degree assault, attempted first-degree assault, reckless driving and careless driving.


Miguel Angel Lamas Arellano (24), Doyle Harrison (61), Bill Bailey (67) and Stanley Politano (69) were killed in the crash. Two others sustained serious bodily injuries.


Twenty-eight vehicles, including four semi-trucks, were damaged or caught on fire in the wake of the fiery crash on April 25, 2019. Investigators estimated he was going at least 85 miles an hour just before the crash as he was driving a semi-truck carrying lumber on eastbound I-70 down from the mountains into Lakewood.


During the trial, prosecutors argued that Aguilera-Mederos could have taken steps to prevent the deadly crash, including using a runaway truck ramp miles before the crash, and that he “made a bunch of bad decisions” instead.



 His defense attorneys claimed he did not know the truck’s brakes were smoking or that he would not be able to stop his truck, though others testified at the trial that they had seen them smoking.


The sentence given to Aguilera-Mederos drew outrage from around the country and among truck drivers, with around five million people signing an online petition seeking clemency for him.


In granting clemency, Polis wrote in a letter that the 110-year sentence Aguilera-Mederos received was disproportionate to the crime.

"I believe you deserve clemency for several reasons. You were sentenced to 110 years in prison, effectively more than a life sentence, for a tragic but unintentional act. While you are not blameless, your sentence is disproportionate compared with many other inmates in our criminal justice system who committed intentional, premeditated, or violent crimes. Your highly unusual sentence highlights the lack of uniformity between sentences for similarly situated crimes, which is particularly true when individuals are charged with offenses that require mandatory minimum sentences. This case will hopefully spur an important conversation about sentencing laws, but any subsequent changes to the law would not retroactively impact your sentence, which is why I am granting you this limited commutation," wrote Polis.


The move comes days after a judge scheduled a hearing for next month to reconsider the sentence at the request of the district attorney, who had planned to ask that it be reduced to 20 to 30 years.


The Governor’s Office disclosed in a statement that a relative of Aguilera-Mederos works in the office, but “This individual had absolutely no involvement in the commutation process and works in an unrelated capacity to this matter, and was not aware of the Governor’s decision in advance," wrote Shelby Weiman, a spokesperson for Polis.


Aguilera-Mederos will be eligible for parole beginning in 2027."


The entire story can be read at:

https://www.thedenverchannel.com/news/local-news/gov-polis-reduces-truckers-sentence-to-10-years

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;

FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.